Descriptionary

attractive nuisance the tort doctrine that requires a person who keeps any dangerous object or thing on his or her property that might attract children to protect those children from possible injury, such as by removing the door of an abandoned refrigerator or by fencing a swimming pool.

bail a form of security paid to ensure that the defen­dant will show up for court proceedings.

bail bond the document used in the release of a person in custody.

bailiff a court officer in charge of keeping order and guarding jurors.

bailment the process of providing bail for a defen­dant. Also, the delivering of goods or personal prop­erty to one in trust.

bailsman one who gives bail for another.

bait and switch an unethical practice wherein a retailer advertises a particularly good buy to attract customers and then coerces or persuades the custom­ers into buying a much more expensive model than the one advertised.

barrister the English equivalent of a trial lawyer.

bench

the court. The bench where the judge sits.

bench warrant a court order issued to have a per­son seized and brought into court to take part in proceedings.

Bill of Rights the first 10 amendments to the U.S. Constitution.

blue law state or local Sunday closing law.

bond a written instrument that guarantees per­formance of obligations—such as the payment of fees—through sureties. Also, an amount paid as bail.

bondsman a person who provides a bond for another for a free.

burden of proof the burden of substantiating claims, accusations, or allegations, a responsibility falling on the plaintiff in a court action.

bylaws any in-house rules or laws of a corporation, organization, or association.

canon church law.

capital offense

an offense punishable by death.

care in a negligence case, the amount of care a cus­todian must give to a thing in order to avoid a charge of negligence, which, depending on circumstances, may be great care, ordinary care, reasonable care, and slight care.

caveat let him beware. An urging of caution.

caveat emptor let the buyer beware.

chief justice in a court with more than one judge, the presiding judge.

circumstantial evidence indirect, secondary, or incidental evidence from which a judge or jury might make inferences.

civil action an action filed to protect a civil right.

civil penalties fines and money damages.

class action an action filed on behalf of a group.

clean hands

the doctrine holding that claimants seeking justice must not themselves have taken part in an illegal or unethical act relating to the claim.

clear and convincing of a standard of proof, beyond a preponderance of the evidence but less than beyond a reasonable doubt; more than the degree of proof required in civil cases but below that required by criminal cases.

collusion a conspiracy to commit fraud or other illegal activity.

common law law based on court decisions, cus­toms, and usages, as opposed to law based on codi­fied written laws.

common-law marriage a marriage not based on any formal ceremony or legal filing but on personal agreement between the two parties to become hus­band and wide, followed by a substantial period of cohabitation.

compounding a felony refusal of a felony victim to prosecute the felon in exchange for a bribe.

conjecture inference from incomplete evidence.

conspiracy two or more people conspiring to com­mit a crime.

contempt of court an act that obstructs the admin­istration of justice or that demonstrates disrespect for the court's authority.

contumacy

defiance of the court's orders or authority.

corpus delecti the facts proving a crime.

crime of passion a nonpremeditated crime commit­ted under the influence of heat of passion or extreme sudden rage.

cross-examination the questioning of a witness by the lawyer other than the one who called the witness, concerning information previously given in the initial examination.

D.A. district attorney.

damages monetary award given to the damaged party in a court action.

damages, double an award twice the normal or standard amount given to the injured party as a form of punishment to the wrongdoer.

damages, exemplary any compensation that exceeds actual damages, awarded to punish the wrongdoer.

damnum absque injuria any loss or injury caused without any wrongdoing by a person or persons, such as by an act of nature, or any damage caused by a lawful act; any damage in which the law provides no recourse.

decriminalization the changing of a law so that what was once a criminal act is no longer so and is therefore no longer punishable by law.